New concepts of justice: As the social values change, so does our views of the concept of justice. Sentencing laws are continually subject to law reform scrutiny. Areas where sentences are currently underview in NSW relate to corporate offences and Indigenous offenders. At the Federal level the use of periodic detention as a form of punishment has been questioned because of the difficulties in administering it.…
The Juvenile Delinquents Act was critiqued as being too lenient on some youth and inconsistent with sentences within provinces and across Canada (Endres, 2004). This therefore caused it to lack the due process guarantee. Furthermore, the Act also played a role in creating tensions surrounding social and child welfare issues and legal principles (Endres, 2004). Also, the way in which delinquency was defined was far too broad, therefore causing some serious crimes to be down played and less serious offences to be…
In this paper, I argue the mythical norm is a demonstration of how white and male power dominates the legal system of Canada and how the judiciary system interprets the law. First, this paper will look at how the mythical norm racializes those who are deemed as inferior specifically in the Aboriginal communities. Lastly, I look upon how the mythical norm creates boundaries between the sexes. The mythical norm is an ideal that creates oppression due to the beliefs of the myth.…
Within the context of Canadian criminal justice, the youth crime is relatively minor yet teeming with excitement and interest, lying at the center of public concern over society’s future adult citizens. In its history, three different forms of legislation have come to pass; the Juvenile Delinquents Act of 1908 remained in place for seventy-six years before being replaced with the Young Offender’s Act in 1984, which was then replaced with the Youth Criminal Justice Act in 2002 (Smandych, 2016: 5). Clearly, the issue of youth justice is not lost on ‘The Great White North.' In the textbook Youth at Risk and Youth Justice: A Canadian Overview, scholars address many factors surrounding youth crime and youth criminal justice, including the overrepresentation…
In Canada, restorative justice practices are more established in the English-speaking provinces and Aboriginal communities. In Quebec, the phenomenon has not been embraced to the same extent. Even today, there are misgivings about committing to a movement that is often associated with faith groups. Quebec has perhaps felt less of a need to move toward restorative justice because diversion programs and alternate measures were already firmly established, especially in the administration of justice for minors (Jaccoud, 2003).…
Mandatory minimum sentences are imposed by statutory law and are based on specific types of crime (Schmalleger & Smykla, n.d.). All fifty states participated in these sentences by the mid 90’s (Schmalleger & Smykla, n.d.). Studies have shown these sentences were effective in the beginning, but long-term results showed they did not have a significant deterrence on crime (Schmalleger & Smykla, n.d.).…
Criminal lawyers in Canada defend or prosecute individuals who are accused of committing criminal acts; lawyers must advocate for their client in the court in order to assure justice (Career Cruising, 2016). Core tasks of a criminal lawyer include examining evidence, interviewing witnesses, researching previous cases, in order to aid in upcoming cases, advise their clients on their rights and responsibilities, prepare arguments for the courts, prepare legal documents and represent their client in court (Career Cruising, 2016). Criminal lawyers can either be a defense or prosecute attorney’s. Defense lawyers defend the accused from the criminal charges against them; the defense maintains the accused is innocent. Unlike defense lawyers, the…
The general public did not feel safe in their communities. This prompted a get tough on crime approach that was based on the crime control model. This system was designed to incarcerate offenders for extended periods of time. Public sentiment drives the legislative process in regard to the laws that are enacted to control crime. There is also the belief that the politicians are solely responsible for the laws. The writer believes that the will of the citizens ultimately drives the legislation. There is evidentiary support provided to support this. The enactment of three criteria regarding sentencing is an example of the citizens not feeling safe in their communities and the politicians reacting by passing laws that represent their sentiment. The sentencing called for enhanced punishments for repeat or habitual offenders, determinate sentencing, and safeguards that provided fair and equitable punishments regardless of the racial and ethnic make-up of the accused. There was legislation enacted that ensured that sentencing adhered to a standard that is non-discriminatory in nature and delivered just deserts to the offenders. There were two legislative mandates that were enacted to provide oversight and regulate sentencing. The Comprehensive Crime Control Act of 1984 and the Sentencing Reform Act are interrelated in that one regulates the other. The Crime Control law focuses on…
Explain the historical background of the American Legal System, providing specific examples to support your answer.…
Legal Dimensions Series This series stems from an annual legal and socio-legal research initiative sponsored by the Canadian Association of Law Teachers, the Canadian Law and Society Association, the Canadian Council of Deans, and the Law Commission of Canada. Volumes in this series examine various issues of law reform from a multidisciplinary perspective. The series seeks to advance our knowledge about law and society through the analysis of fundamental aspects of law. The essays in this volume were selected by representatives from each partner association: Dorothy Chunn (Canadian Law and Society Association), John EcEvoy (Canadian Association of Law Teachers), Beth Bilson (Canadian Council of Law Deans), and Steven Bittle…
In this paper I will be discussing the classical school and the positive school and their relations to these current provisions 462.37., 462.39.-462.41 and 810 of the Canadian Criminal Code. After briefly summarizing these provisions, I will explain which law best represents the principles of the classical or positive school. Section 462.37 relates to classical school because it is a violation of the social contract. It also displays the use of fair procedure, proportional punishment and deterrence. It focuses on the deterrence of crime in comparison to the positive school where…
Federalism and the constitutional divisions of power play two separate roles within Canada’s legal justice system. To start, federalism governs the country as a whole and deals with some of the countries worst legal cases. The administrative of justice began after confederation in 1867, which gave each province the responsibly of managing their own detention centres, prisons, police forces, minor offences etc..(Niejenhuis, 2011). Having separate divisions of both large and smaller scaled problems is beneficial to the country as it provides higher levels of security and organization for its citizens.…
mandatory minimums as a way to keep offenders in prison for a longer period of time. However, evidence provided by the media is not entirely honest. Studies conducted by Statistics Canada have shown an extensive decline in non-violent and violent crimes over the past two decades. The Crime Severity Index (CSI) has decreased by 3% since 2013, “declining from 68.8% to 65.7%; [which was attributed] to a [decline] in robberies and breaking and entering” (Boyce, 2014, pg.3). In 2014, the Police Reported Crime Rate declined “by 3% from the previous year to 5,046 incidents per 100,000 population” (Boyce, 2014, pg.3). Since 2014, violent crimes have decreased by 5%, dropping down to 70.2% on the CSI (Boyce, 2014, pg.3). “This drop marked the eighth…
The "Harper Government's" recent “tough on crime” bill sets out to enforce minimum sentences for crimes that would otherwise have been dealt with by judges closer to the case, with an understanding of whether mercy (or leniency) has a place in the sentencing. This act will cost tax payers hundreds of millions of dollars per year to satisfy the Harper government's need to be seen as imposing punishment. The concept that people must be punished in an arbitrary fashion assumes that all perpetrators will continue committing crimes unless punished in a black and white sense. It rejects the notion that the quality of mercy is not strained, bestowing blessings on he who gives mercy and he who receives mercy (sorry). This idea of good vs bad with no middle ground is, sadly, what many of the modern views on justice have become. This can be equated to when someone opposing Regan was thrown into a dung heap and left to die, not because what they did was essentially wrong, but because their dissent was deemed unlawful by the power in charge. Explain and…
The “tough on crime” mentality, as discussed in class, can be dangerous. On the surface, it sounds good. It is an admirable goal to have to eliminate crime and “clean up the streets,” but there are issues with the execution. One issue with the “tough on crime mentality” is that it takes a complex social phenomenon and offers a simple solution, mandatory minimum sentencing. Mandatory minimum sentencing takes away from the complex nature of crime by suggesting harsh sentences for all. Often, harsh sentencing is not always what is needed. Some offenders do not need to be in prison for 25 years on drug charges, some offenders need not be in prison at all. But with the “tough on crime” mentality taken on by many politicians, the laws in place sentence everyone extremely harshly.…